Andrew Raven
Northern News Services

Yellowknife (May 30/05) - Gay rights advocates who expected a court decision Friday to legalize same-sex marriage in the territories saw their hopes temporarily dashed following a last-minute legal challenge in Supreme Court.

With the territorial and federal governments behind a lawsuit that would redefine marriage, a Yellowknife couple announced they will formally seek intervenor status in the landmark case - a move that would allow them to argue against same-sex unions.

"This took us completely by surprise," said lawyer Sheila MacPherson, who represents Jason Perrino and Colin Snow. The couple launched a lawsuit against the territorial government earlier this month after twice being denied a marriage license.

Legislation currently restricts marriage to heterosexual spouses.

Lawyers for the territorial and federal governments announced they would not oppose the lawsuit during a court appearance Friday morning. The decision would pave the way for the territories to become the ninth jurisdiction in Canada to permit same-sex unions.

During the same hearing, the court heard a last-minute challenge from Ruby and Laurin Trudel. The couple have "taken an interest in the case" and plan to oppose Perrino and Snow, said lawyer, Adrian Wright.

Supreme Court Justice Ted Richard granted the Yellowknife couple an adjournment until June 17 to prepare their arguments for intervening in the case.

"This is clearly a matter of public interest," Richard said.

Jeffrey Champion, an Edmonton-based civil attorney who represents the Trudels, declined to comment Friday on their reasons behind the challenge.

"The representations we have to make will be made in court," Champion said from Edmonton. "But we certainly hope the judge grants our clients status to at least put the arguments before the court."

Precedents set

Intervenors have been granted standing in gay-rights lawsuits across the country, but their involvement has not affected the outcome of the cases, MacPherson said.

"This is just another obstacle that we have to overcome."

Don Babey, spokesperson for the Northwest Territories Chapter of Canadians for Equal Marriage, was not surprised by the legal opposition same-sex marriage.

"The are lots of folks out there who do not agree with out viewpoint," he said Friday, following the court hearing.

Perrino and Snow declined to comment publicly on the case.

Ruby and Laurin Trudel did not return a message seeking comment and Champion said they would not be interested in an interview.